Criminal Procedure (Scotland) Act 1975

Lodging of List of Witnesses, Productions, Special Defence, Etc. S

[F1 78 Record copy of indictment and list of witnesses. S

(1) Except in a case to which section 102 of this Act applies, the [F2 prosecutor shall on or before the date of service of the indictment lodge the record copy of the indictment with the clerk of court before which the trial is to take place, together with a copy of the list of witnesses and a copy of the list of productions.]

(2) The list of productions shall include the record, made under section 20B of this Act (with any rectification, authorised under subsection (4) of that section, incorporated), of proceedings at the examination of the accused.]

Textual Amendments

F1 S. 78 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 8, Sch. 6 para. 1

F2 Words in s. 78(1) substituted (31.3.1996 subject to transitional provisions in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 30; S.I 1996/517, arts. 3(2), 4-6, Sch. 2

79 Description of witnesses. S

(1) The list of witnesses shall consist of the names of the witnesses, [F3 together with an address at which they can be contacted for the purposes of precognition.]

(2) It shall not be necessary to insert in the list of witnesses the names of any witnesses to the declaration of the accused or the names of any witnesses to prove that an extract conviction applies to the accused, but witnesses may be examined in regard to these matters without previous notice.

Textual Amendments

F3 Words in s. 79(1) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 31; S.I 1996/517, arts. 3(2), 4-6, Sch. 2

[F4 80 Objection to witness. S

(1) Any objection in respect of misnomer or misdescription of—

(a) any person named in the indictment; or

(b) any witness in the list of witnesses,

shall be intimated in writing to the court before which the trial is to take place, to the prosecutor and to any other accused [F5 , where the case is to be tried in the sheriff court, at or before the first diet and, where the case is to be tried in the High Court,] not less than 10 clear days before the trial diet; and, except on cause shown, no such objection shall be admitted at the trial diet unless so intimated.

(2) Where such intimation has been given or cause is shown and the court is satisfied that the accused making the objection has not been supplied with sufficient information to enable him to identify the person named in the indictment or to find such witness in sufficient time to precognose him before the trial, the court may grant such remedy by postponement, adjournment or otherwise as appears to it to be appropriate.]

Textual Amendments

F4 S. 80 substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 9, Sch. 6 para. 1

F5 Words in s. 80(1) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 32; S.I 1996/517, arts. 3(2), 4-6, Sch. 2

F6 81 Examination by prosecutor of witnesses, etc., not included in lists lodged. S

[F7 Without prejudice to section 82A of this Act] In any trial it shall be competent with the leave of the court for the prosecutor to examine any witness or to put in evidence any production not included in the lists lodged by him, provided that written notice containing, in the case of a witness, his name and address [F8 as mentioned in section 79(1) above,] shall have been given to the accused not less than two clear days before the day on which the jury is sworn to try the case.

Textual Amendments

F6 S. 81 excluded (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995, c. 20, ss. 17(9), 20(5); S.I 1996/517, arts. 3(2), 4-6, Sch. 2

F7 Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 7 para. 28

F8 Words in s. 81 inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 33; S.I 1996/517, arts. 3(2), 4-6, Sch. 2

82 Written notice of special defence and examination of witnesses and productions not included in lists lodged. S

[F9 (1) It shall not be competent for an accused to state a special defence or to lead evidence calculated to exculpate the accused by incriminating a co-accused unless—

(a) a plea of special defence, or as the case may be, notice of intention to lead such evidence, has been lodged [F10 , where the case is to be tried in the sheriff court, at or before the first diet and, where the case is to be tried in the High Court,] not less than 10 clear days before the trial diet; or

[F11 (b) the court, on cause shown, otherwise directs.]]

[F12 (1A) Subsection (1) above shall apply to a defence of automatism or coercion as if it were a special defence.]

(2) It shall not be competent for the accused to examine any witnesses or to put in evidence any productions not included in the lists lodged by the prosecutor, unless—.

[F13 (a) written notice of the names and addresses of such witnesses and of such productions shall have been given—

(i) where the case is to be tried in the sheriff court, to the procurator fiscal of the district of the trial diet at or before the first diet; and

(ii) where the case is to be tried in the High Court, to the Crown Agent at least ten clear days before the day on which the jury is sworn; or

(b) the court, on cause shown, otherwise directs, in which case it] shall give such remedy to the prosecutor by adjournment or postponement of the trial or otherwise as shall seem just.

(3) A copy of every written notice required by the last foregoing subsection shall be lodged by the accused with the sheriff clerk of the district in which the [F14 trial diet] is to be held, or in any case the [F14 trial diet] of which is to be held in the High Court in Edinburgh with the Clerk of Justiciary, at or before the [F14 trial diet], for the use of the court.

Textual Amendments

F9 S. 82(1) substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 13, Sch. 6 para. 1

F10 Words in s. 82(1)(a) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 34(a)(i); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F11 S. 82(1)(b) substituted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 34(a)(ii); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F12 S. 82(1A) inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 11; S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F13 82(2)(a)(b) substituted for words (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 117(1), Sch. 6 Pt. I para. 34(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F14 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 10, Sch. 6 para. 1

[F15 82A Parties may examine each other’s witnesses etc. S

It shall be competent for the prosecutor to examine any witness or put in evidence any production included in any list or notice lodged by the accused, and it shall be competent for an accused to examine any witness or put in evidence any production included in any list or notice lodged by the prosecutor or by a co-accused.]

Textual Amendments

F15 S. 82A inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 27, Sch. 6 para. 2

83 Accused entitled to see productions. S

The accused shall be entitled to see the productions according to the existing law and practice in the office of the sheriff clerk of the district in which the court of the [F16 trial diet] is situated or, where the [F16 trial diet] is to be in the High Court in Edinburgh, in the Justiciary Office.

Textual Amendments

F16 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 11, Sch. 6 para. 1

84 Proof as to productions. S

Where a person who has examined a production is adduced to give evidence with regard thereto and the production has been lodged at least eight days before the [F17 trial diet], it shall not be necessary to prove

[F18 (a)] that the production was received by him in the condition in which it was taken possession of by the procurator fiscal or the police and returned by him after his examination of it to the procurator fiscal or the police[F19 ; or

(b) that the production examined by him is that taken possession of by the procurator fiscal or the police,]

unless the accused, at least four days before the [F17 trial diet], gives to the Crown Agent, where he is cited to the High Court for the [F17 trial diet], or to the procurator fiscal of the district to the court of which he is cited for the [F17 trial diet], where the case is to be tried in the sheriff court, written notice that he does not admit that the production was received or returned as aforesaid.[F20 or, as the case may be, that it is that taken possession of as aforesaid]

Textual Amendments

F17 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 4 para. 12, Sch. 6 para. 1

F18 S. 84: word “(a)”. inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 23(a); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F19 Word “or” and subsection (b) inserted in s.84 (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s.23(b); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

F20 Words in s. 84 inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995 c. 20, s. 23(c); S.I. 1996/517, arts. 3(2), 4-6, Sch. 2

[F21 84A Agreement of evidence. S

(1) Subject to subsection (2) below, the prosecutor and the accused (or each accused if more than one) shall each identify any facts which are facts—

(a) which he would, apart from this section, be seeking to prove;

(b) which he considers unlikely to be disputed by the other party (or by any of the other parties); and

(c) in proof of which he does not wish to lead oral evidence,

and shall (without prejudice to section 16 of the Criminal Justice (Scotland) Act 1995 (procedure for proving uncontroversial evidence)) take all reasonable steps to secure the agreement of the other party (or each of the other parties) to them; and the other party (or each of the other parties) shall take all reasonable steps to reach such agreement.

(2) Subsection (1) above shall not apply in relation to proceedings as respects which the accused (or any of the accused if more than one) is not legally represented.

(3) The duty under subsection (1) above applies from the date of service of the indictment until the swearing of the jury or, where intimation is given under section 102 of this Act, the date of that intimation.]

Textual Amendments

F21 S. 84A inserted (31.3.1996 subject to transitional provisions and savings in the commencing S.I.) by 1995, c. 20, s. 12(1); S.I 1996/517, arts. 3(2), 4-6, Sch. 2